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SHUMAN v. HOWMEDICA OSTEONICS CORP., CV 617-068. (2017)

Court: District Court, S.D. Georgia Number: infdco20170608a25 Visitors: 13
Filed: Jun. 07, 2017
Latest Update: Jun. 07, 2017
Summary: ORDER J. RANDAL HALL , Chief District Judge . Presently before the Court is the parties' joint motion to stay. (Doc. 8.) In the memorandum filed in support of their motion, the parties state that Defendant Howmedica Osteonics Corp. submitted a "Notice of Potential Tag-Along Action" to the Clerk of the Judicial Panel on Multidistrict Litigation ("JPML") seeking an order transferring the above-captioned action to the United States District Court for the District of Massachusetts for coordinat
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ORDER

Presently before the Court is the parties' joint motion to stay. (Doc. 8.) In the memorandum filed in support of their motion, the parties state that Defendant Howmedica Osteonics Corp. submitted a "Notice of Potential Tag-Along Action" to the Clerk of the Judicial Panel on Multidistrict Litigation ("JPML") seeking an order transferring the above-captioned action to the United States District Court for the District of Massachusetts for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. (Doc. 8-1, at 2; see also In re Stryker LFIT V40 Femoral Head Prods. Liab. Lit., MDL Case No. 1:17-MD-2768 (J.P.M.L. initiated Jan. 13, 2017) ("MDL 2768"), Doc. 161.) The parties, expecting that this action may be transferred by the JPML to the District of Massachusetts for resolution, request this Court "to stay all proceedings, including the responsive pleading deadline, until this matter is transferred to MDL 2768." (Doc. 8, at 1.)

Upon due consideration, the parties' joint motion to stay (doc. 8) is GRANTED. IT IS HEREBY ORDERED that all proceedings in this matter are hereby STAYED pending a ruling from the JPML on Defendant Howmedica Osteonics Corp.'s Notice of Potential Tag-Along Action. Any deadlines falling within the duration of this stay are hereby tolled during the pendency of this stay. Notwithstanding the foregoing, either party may apply to this Court—in writing and for cause—to lift the stay imposed hereby.

Source:  Leagle

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